CENTRAL BUREAU OF INVESTIGATION Vs. M THOMAS

JUDGEMENT

(1.) This revision is directed against the order dated 23.6.2000 of the Chief Judicial Magistrate, Ernakulam rejecting the final report No. 3/99 in RC 8 / S / 93 / SPE / KER filed by the D.S.P., CBI / SIC - II, New Delhi and also directing the C.B.I. to conduct fresh investigation under S.156(3) of the Cr.P.C.

(2.) The unfortunate victim in this case one Sr. Abhaya, who was the daughter of Sri. M. Thomas and Leelamma. The deceased Sr. Abhaya was an inmate of St. Pious Xth Convent, Park Lane, Kottayam. She was a student of the Pre degree course in the B. C. M. College, Kottayam. On 27.3.1992, her dead body was found in a well near the kitchen of St. Pious Convent Hostel. Crime No. 187/92 was registered by the Kottayam West Police Station under the caption "unnatural death". Originally, the investigation was conducted by the local police and subsequently, the investigation was handed over to the CBCID, Kottayam. Later, the investigation was taken up by the C.B.I. After completing the investigation, the C.B.I. filed a final report under S.173 of the Cr.P.C., praying that the case may be ordered to be closed as untraced. The learned Chief Judicial Magistrate rejected the same and directed the C.B.I. to conduct further investigation sincerely, honestly and impartially, and without yielding to any pressure from any corner. In obedience to the order of the Chief Judicial Magistrate, the C.B.I. conducted further investigation in the case. On the basis of the further investigation conducted by the C.B.I. following conclusions are arrived at:

(3.) On going through the report and also the case diary, the Chief Judicial Magistrate was not inclined to accept the report. According to the Chief Judicial Magistrate, the investigation conducted by the C.B.I. is quite unsatisfactory and a detailed and thorough questioning using modern scientific methods is necessary to find out the real culprits. Accordingly, the final report was again rejected and C.B.I. was directed to conduct fresh investigation under S.156(3) of the Cr.P.C. The order is seriously challenged in this revision.